Article 162: Extent of executive power of State

Leading cases

• Rai Sahib Ram Jawaya Kapur v. State of Punjab (1955)The State executive may carry on a trade or business without specific legislation, since its power under Article 162 extends to all matters within State legislative competence; the text book scheme violated no fundamental right of the publishers.

Questions on this article

4 questions in 9 of our papers cite Article 162. Try these from the free papers:

1. 1. Without any Act of the State Legislature on the subject, the Government of State X decides to print, publish and sell school textbooks itself, and stops inviting private publishers to submit books for approval. The expenditure is shown in the budget and sanctioned by the Appropriation Act. Publishers, who never had a right to have their books prescribed, challenge the decision. Following Ram Jawaya Kapur v. State of Punjab (1955):

   A.The decision is valid, as executive power is not confined to executing existing laws and no right is infringedB.The decision is invalid, because the State may never carry on a trade except under a statuteC.The decision is valid, because every executive decision of a State is itself a law under Article 13D.The decision is invalid, because executive power can be exercised only to carry out a law already enacted by the Legislature
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